Enacts the healthy, safe and energy efficient outdoor lighting act to reduce harmful outdoor lighting

Summary of provisions

Section 1 adds a new Article 20 to the environmental conservation law, the Healthy, Safe and Energy Efficient Outdoor Lighting Act. Article 20 includes sections 20-0101 setting out legislative findings, section 20-0103 stating a short title, section 20-0105 defining terms, section 20-0107 on dark-sky preserves, section 20-0109 requiring the Department of Environmental Conservation (DEC), in consultation with the New York Energy Research and Development Authority (NYSERDA) to develop and distribute a model comprehensive outdoor lighting ordinance, section 20-111 on requiring the DEC, in consultation with NYSERDA, to develop and distribute a pamphlet promoting the bill's goals of energy conservation and more effective night lighting and describing how the provisions of this bill will achieve them, and section 20-0113 on applicability.

Section 2 directs the Public Service Commission to require that every electric corporation or municipality providing electric service include the educational pamphlets in its bills to customers.

Section 3 and 4 amends the Public Buildings Law to clarify the provisions on outdoor lighting on State buildings.

Section 5 requires the commissioner of the DEC and NYSERDA to set fixture efficiency standard and to report to the Legislature on new research and technologies that could affect the implementation of outdoor lighting on public buildings.

Section 6 sets out the effective date.

Justification

This bill is intended to limit excessive outdoor illumination. Excessive illumination wastes energy, intrudes on the privacy of others, creates glare which reduces the effect of lighting, deteriorates the natural nighttime environment, and reduces the ability for astronomical observation.

Outdoor lighting is used to illuminate roadways, parking lots, yards, sidewalks, public meeting areas, signs, work sites and buildings. When well designed, it improves visibility, adds an element of safety and creates a sense of security, while at the same time minimizing energy use and operating costs. If, however, it is not well designed it can be costly, inefficient, counterproductive, and harmful to the nighttime environment.

Much of the outdoor lighting in use today wastes energy because it is poorly designed. This waste results in both higher costs for providing such lighting and increased pollution from the power plants that produce the wasted electricity. It is conservatively estimated that $3 to $4.5 billion a year is wasted in the United States in the unintended lighting of the sky rather than the streets, walkways, and outdoor public spaces which the light was intended to illuminate.

In addition to wasting energy, poorly designed lighting often causes blinding glare. glare occurs when you see light directly from a fixture or bulb. The glare from poorly designed or positioned lighting hampers the vision of drivers and pedestrians, reducing its effectiveness and creating a hazard rather than increasing safety. It shines onto neighboring properties and into nearby residences, reducing privacy, hindering sleep, and diminishing the beauty of the natural surroundings in areas far removed from the source of such lighting. A large portion of such lighting shines directly upward, creating the sky glow above population centers, adversely affecting the view of the night sky. In addition to lowering the cost of outdoor lighting, limiting sky glow will allow future generations to enjoy the beauty of the stars, and to study and learn from, or simply marvel at, the wonders of the night sky.

Legislative history

2013-2014: S.4224 Environmental Conservation/A.751 Rules 2011-12: S. 4105-A Environmental Conservation/A. 1478 Ways and Means 2009-10: S. 858 Environmental Conservation 2007-08: S. 4364-A Rules/A. 7438-A Passed Assembly 2005-06: S.4474 Rules/A. 7404 Passed Assembly 2003-04: S. 3003-D Rules/A. 6950-D Passed Assembly

Fiscal implications

None.

Effective date

This act shall take effect on the first of January next succeeding the date upon which it shall have become law; provided, however, that if chapter 512 of the laws of 2014 shall not have taken effect on or before such date then sections three, four and five of this act shall take effect on the same date and in the same manner as such chapter of the laws of 2014 takes effect; provided further, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation or development of any standards necessary for the implementation of this act on its effective date is authorized to be made and completed or before such effective date; and provided further that on and after the date on which this act shall have become a law every state agency and public corporation shall comply with the changes to section 143 of the public buildings law as amended by sections three, four and five of this act, but provided further that this act shall not apply to projects for the installation or replacement of permanent outdoor fixtures which have already received final design approval prior to the effective date of this act.